SAN DIEGO DOMESTIC VIOLENCE CASES

Domestic Attorneys in San Diego

The Family Court has the power to issue domestic violence restraining orders against either party, both during the pendency of a family law action and after a judgment has been entered. A domestic violence restraining order may be obtained when one party alleges the other party has committed acts of physical violence, made threats of violence, or harassed to an unreasonable degree.

Types of Restraining Orders for Domestic Violence

Temporary domestic violence restraining orders can be obtained on an emergency basis, without even giving notice to the other side. These orders routinely prohibit the restrained party from communication with the other party (unless relating to custody matters), from coming within 100 yards of the protected party, and a requirement that any firearms be surrendered.

Additional orders can be made for property restraints, the offending party attending a batterer program, moving out of the residence, custody and visitation, as well as support. Once obtained, a domestic violence restraining order is registered with the San Diego County Sheriff’s Department. Once registered, any law enforcement agency in California has the details of the order available if enforcement is requested.

Violations of any domestic violence restraining orders can result in criminal charges being brought against the offending party.

Help for Restraining Orders in San Diego, CA

Both sides have the right to a full evidentiary hearing, with witnesses being called, before permanent orders can be issued by the Court. Although termed permanent, the orders generally last anywhere from six months to three years. The restraining orders can be extended past the original termination date, with a minimal amount of evidence required.

The Law Offices of Beatrice L. Snider, APC is experienced in obtaining and defending against domestic violence restraining orders. Call (888) 860-8544 or fill out a contact form to discuss your case with our San Diego divorce and family law attorneys.